State v. Fowler

Tbis appeal presents two assignments of error.

1. Did tbe judge err in submitting to the jury the question of manslaughter? Under State v. Quick, 150 N. C., 820, such an error is without prejudice 4o tbe defendant, and be cannot complain. When, as in tbis case, tbe plea is self-defense and tbe killing with a deadly weapon is established or admitted, two presumptions arise — (1) that tbe billing was unlawful; (2) that it was done with malice.

An unlawful billing is manslaughter, and when there is tbe added element of malice it is murder jn tbe second degree. "When tbe defendant tabes up tbe…